THE CONSTITUTIONAL PRINCIPLE OF LEGAL CERTAINTY: ESSENCE, LEGAL CONTENT, AND ROLE WITHIN CONSTITUTIONAL PRINCIPLES AND VALUE SYSTEMS

Abstract

This article undertakes a comprehensive analysis of the concept of "legal certainty" as both a constitutional principle and a constitutional value. The study explores the theoretical and legal foundations of legal certainty, tracing its development from private law to its institutional role in contemporary constitutional law. The article examines three stages of the development of legal certainty: private-law, cross-sectoral, and constitutional. It presents manifestations of the principle across various legal systems and case law, with particular attention to the jurisprudence of the European Court of Human Rights. Special focus is given to the role and significance of legal certainty within the constitutional framework of the Republic of Armenia, considering it a structural foundation for the rule of law, democracy, the social state, and sovereignty. The article argues that legal certainty is not merely an instrumental principle but also a component of constitutional identity and a prerequisite for the effective protection of fundamental human rights.